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SMOOT CO. v. WASHINGTON AIRPORT

No. 678.

283 U.S. 348 (1931)

SMOOT SAND & GRAVEL CORPORATION v. WASHINGTON AIRPORT, INC.

Supreme Court of United States.

Decided May 4, 1931.

Attorney(s) appearing for the Case

Mr. Thomas D. Thacher, with whom Messrs. Seth W. Richardson, G.A. Iverson, Paul W. Kear, and Erwin N. Griswold were on the brief, for petitioner.

Mr. Louis Titus for respondent.

Messrs. John R. Saunders, Attorney General of Virginia, Edwin H. Gibson and Collins Denny, Jr., Assistant Attorneys General, and Hugh Reid, by special leave of Court, filed a brief on behalf of the Commonwealth of Virginia as amicus curiae.

MR. JUSTICE HOLMES delivered the opinion of the Court.

This suit was brought by the respondent for an injunction against alleged trespasses on land between high and low water mark on the Virginia side of the Potomac River opposite the District of Columbia. It was brought originally in the Circuit Court of Arlington County, Virginia, and on the petition of the defendant the Smoot Sand and Gravel Company was removed to the District

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